You need to first approach the municipal Corporation and if they don't assist then you can file approach high court under writ petition
Inactive small drain passing through my piece of plot
Dear Sir/Madam, I seek your expert advice on the following please: I have an ancestral plot of land which was earlier agricultural in 1970's. Now, the town has out grown and merged into muncipal limit which has a small drain passing through the land the both sides of the land is owned by us. However, the head and tail of the drain is already submerged and people built houses and permanent structures including a institution state owned. Now, there is drain that flow from very houses(only bathroom water not toilet) and accumalte and sink immediately. there is a plan by muncipal dept to dig a small drainage next to road to merge into big drainage system as there is no way they use this small one which is in our land because its already lost the front and back source. Now, my question is how can I can close it in my land also by means of any regularization process or WRIT etc.....explaining the actual scenario officially legally as there others have already did unofficially. Kindly provide your advise. Thank and regards Klarus
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
As soon as you open this matter with municipal corporation they will definitely file objections it will be good for you to go ahead for the construction by filling the drain but please check the map before you do so that if that dream is marked in the municipal map and in case you can avoid filling up the drain to avoid any objection of the municipal corporation and in case they go to the court the construction over the drain maybe demolished
You need permission from muncipal corporation to close the drain going through your property
2) you have to apply to corporation for diversion of drain from your property
- Since, you had purchased the said land before the merging the town into municipal limit , and that time this land was an agricultural land , and not a common for drainage system.
- Hence, legally you are the owner of whole land including the portion having drain.
- Further, as the municipal corporation is now going to join the said small drain with a big drainage system, then in this way there will be an encroachment of your property by the said authority.
- You should lodge your complaint before the Municipal corporation after mentioning that being the owner of the entire land , the authority has no power to treat the small drain as a stream of drainage system , and thereby ask them to stop such planning , and further inform the authority , that you are going to close the small drain which passing through your land .
- If, no response , then you should file a Mandatory Injunction suit before the Court for restraining the Municipal authority.
- Otherwise, a Writ Petition.
Good luck and dont forget to rating Positively.
Dear Sir,
It is better to immediately close the same and raise some permanent constructions with or without the consent of municipality. It seems the local authorities having no map which shows your drain in the village map etc.
Now it is not left a natural drainage but a dirty drain/segregation spreading squalor in locality. Fill it with mud but first inform the municipality.
You can close but you need permission from concern authority.
You cannot occupy the drainage even though others surrounding you have illegally occupied it.
You cannot even close the same for any reason because it is government land hence you do not have any rights.
You may have to restrict yourself to your landed property alone.
Moreover since your landed property was agricultural property you may have to seek permission for conversion of the same to non agriculture.
Therefore any act that may be done violating the law and against the government may be viewed seriously hence better take adviser of a local lawyer to ascertain if there are any loopholes to achieve your desire.
If the drain which is passing through your land have been closed from both ends then you can close the drain by yourself and don't need permission from authorities.
